What Are The Duties Of An Executor And Trustee?
The Mullin Law Firm has earned a reputation as one of the East Bay Area’s prominent law firms providing services in all areas of California probate law, estate planning and preservation and elder care. We are committed to meeting your needs in all probate matters.
If you have been named as an executor, administrator or trustee, you will likely have questions concerning your legal duties and obligations. Likewise, if you are a beneficiary to an estate, you may have questions about your legal rights and entitlement. The California probate code is a complex set of laws covering every area of probate and estate administration, trust administration, litigation matters and inheritance law. The following are some of the basic duties and the standard of care required of a trustee or executive:
Duties of executor: The probate code provides that a personal representative of an estate (also known as executor or administrator) has a duty to manage and control the estate and in doing so, must use ordinary care and diligence.
Duties of trustee: The probate code requires a trustee to adhere to certain duties and obligations such as:
- Duty to administer
- Duty of loyalty
- Duty to deal impartially
- Duty to avoid conflict of interest
- Duty to take control of and preserve trust property
- Duty to make trust productive
Duties of executor: A personal representative of an estate (also known as executor or administrator) has a duty to manage and control the estate and in doing so, must use ordinary care and diligence.
A violation of any of these duties or standard of care may be considered a breach of fiduciary duty. If you have any questions concerning your legal obligations or rights, please contact Mullin Law Firm for a consultation.
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